AppGallery User Agreement
1. About Us
The AppGallery mobile app and related technologies and functionalities (collectively, the "Services") are operated by Huawei Services (Hong Kong) Co., Limited (hereinafter referred to as "Huawei", "we", "us" or "our"), a company incorporated under the laws of Hong Kong, with its registered office at Room 03, 9/F, Tower 6, the Gateway, No. 9 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong and with company number 1451551. In this Agreement (as defined below), "you" and "user" refer to any individual that uses and/or accesses the Services.
2. Purpose of this Agreement
This user agreement, our privacy statement, and other policies published or made available through or in connection with the Services (collectively, this "Agreement") are the terms and conditions applicable to you for your use of, and access to, the Services.
You can view our privacy statement by going to Me > About in AppGallery.
This Agreement tells you who we are, how we will provide the Services to you, what activities are permitted or not permitted on or in connection with the Services, what to do if there is a service issue, and other important information. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to this Agreement. If you do not accept and agree to this Agreement, you must not access or use the Services.
3. Eligibility
You must be above the age of majority for the legal jurisdiction that you reside in to enter into the contract (hereinafter referred to as the "Contract Age"). Individuals who have not reached the Contract Age are permitted to use Huawei services, but only if their parent or legal guardian creates a child account for them and accepts the Letter of Consent for the HUAWEI ID account.
If you are above the Contract Age, or if you are the parent or legal guardian of a child for whom you have created a child account, you agree that you will:
(a) Unconditionally and irrevocably guarantee to perform all of the obligations in the Agreement;
(b) Pay all monies due to Huawei under or in respect of the Agreement; and
(c) As a separate and primary obligation, you also agree that you will unconditionally and irrevocably indemnify Huawei for any losses, costs, expenses, damages, claims, or liabilities suffered or incurred by Huawei arising from your failure to comply with your obligations under any or all the terms, or your repudiation thereof.
You further agree that your obligations as guarantor and as indemnitor are those of a primary obligor and that they exist irrespective of any total or partial invalidity or unenforceability of the Agreement.
You further agree that your liabilities as guarantor and indemnitor shall not be affected and/or discharged by any of the following: (a) termination, variation, assignment, novation, or sub-contracting by us of all or any of our rights and/or obligations under the Agreement; (b) waiver or grant of time by Huawei under the Agreement; (c) claim or enforcement of payment by Huawei; (d) dealing with any third party; (e) an act or omission which might otherwise operate to affect and/or discharge (whether in whole or in part) your liabilities under the Agreement; (f) your inability to pay your debts in due time; (g) any representation made to you by Huawei with respect to the discharge of your obligations under the Agreement whether wholly or partly, or any representation made to you with regard to compromise in respect of any of your liabilities, whether wholly or partly; and (h) your death.
4. Accessing the Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services, subject to, and in accordance with, this Agreement.
To access or use the Services, you must have a HUAWEI ID. For more details about your HUAWEI ID, open HUAWEI ID, and go to Settings > About > HUAWEI ID User Agreement.
5. Services
The Services allow a user using AppGallery to purchase and/or download apps created by Huawei or third-party developers ("Developers").
Huawei may allow you to download apps free of charge, or may charge for the app, and the price for any app is stated beside the app in AppGallery.
When you purchase and/or download an app from AppGallery, you will either acquire (license) it
(a) Directly from Huawei, for Huawei created apps only, or
(b) From a Developer.
You accept that you will be required to enter into separate agreements (such as an End User Licence Agreement, "EULA" or other agreements) with Huawei and/or Developers in order to download and use our/their apps made available on AppGallery. All apps are licensed to Users, not sold.
6. Third Party Services
By using third-party apps and services via the Services, you acknowledge that you will be entering into a contract with the third-party developers (hereinafter referred to as the "Developer") for the provision of apps, and that you will be subject to the service agreement and/or end user licence agreement ("EULA") stipulated by the Developer. Huawei is not a party to the EULA between you and the Developer. We strongly recommend that you read the content of Developer agreements, EULAs, and privacy policies carefully. Huawei is neither entitled to nor obliged to control or censor the content of Developer apps and services, and therefore shall assume no liability in the event that your rights are infringed due to your use thereof.
Huawei is not responsible for the content or availability of any Developer apps or services and does not endorse and is not responsible in any way for any content, advertising, products, services, or other materials made available by Developers. In the event that you do not observe this Agreement or Developer EULAs, agreements, and/or privacy policies, the Developer may take action against you and Huawei may be required to assist the Developer and/or relevant government authorities. You will bear full legal responsibility in such events and indemnify and hold harmless Huawei in respect of any losses, damages or claim against us.
Any dispute caused by the downloading, licensing, and/or use of Developer apps shall be settled by the Developer. Huawei assumes no responsibility therefor. Huawei does not provide any customer support for third-party software or technology. If you require support, please contact the Developer.
Each Developer takes full responsibility for their apps, app content, and any guarantees they make. Where a dispute arises, the developer's warranty, or any other applicable agreement of the EULA or other agreement agreed between you and the Developer concerning the app in question, shall prevail over this Agreement.
7. Purchase Agreement
This Section (Purchase Agreement) does not apply to apps which are free of charge.
The total price for any purchase made for the Services includes:
(a) The price of the app, feature, or upgrade;
(b) Any applicable credit card fees; and
(c) Any sales, use, goods and services ("GST"), value added ("VAT"), or other similar tax, under applicable law and based on the tax rate in effect at the time you make a purchase. All prices displayed in the Services are VAT inclusive prices, unless clearly stated (and where permitted by local law) as being exclusive of VAT.
You acknowledge and accept that Huawei and/or Developers reserve the right to adjust the price for any app or in-app purchase, and will inform you of such price adjustments at an appropriate time in advance of any app purchases. When a price adjustment comes into effect, you must accept the new price in order to continue using the app. You have the right to stop using the relevant service if you do not accept a new price after adjustment.
Cancellation Rights:
If you are a resident in Japan, you can choose to cancel your purchase without any reason within fourteen (14) days from the day on which you receive confirmation that we accept your order.
To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired. If you want to cancel your purchase, please contact Huawei Customer Service using the contact information provided in your confirmation email. You also have the right to apply for cancellation by filling out the cancellation form on our website.
After the cancellation is successful, we will terminate the service of the app you purchased and reimburse you within fourteen (14) days from the date of receipt of your cancellation notice. During this period, you may not be able to use the app. For reimbursement, we will use the same means of payment as you used for the initial order, unless you and we agree otherwise. From time to time, Huawei may refuse a refund request if Huawei finds evidence of fraud, refund abuse, or other manipulative behaviour that entitles Huawei to a corresponding counterclaim.
If you are a resident of the Russian Federation, you can choose to cancel your purchase without any reason within seven (7) days from the day on which you receive confirmation that we accept your order.
To meet the cancellation deadline, you must send your communication of cancellation before the 7-day period has expired. If you want to cancel your purchase, please contact Huawei Customer Service using the contact information provided in your confirmation email. You also have the right to apply for cancellation by filling out the cancellation form on our website.
After the cancellation is successful, we will terminate the service of the app you purchased and reimburse you within ten (10) days from the date of receipt of your cancellation notice. During this period, you may not be able to use the app. For reimbursement, we will use the same means of payment as you used for the initial order, unless you and we agree otherwise. From time to time, Huawei may refuse a refund request if Huawei finds evidence of fraud, refund abuse, or other manipulative behaviour that entitles Huawei to a corresponding counterclaim.
You can find the Refund Policy by going to Me > Help > FAQ in AppGallery.
8. Account Security
You must keep your HUAWEI ID username and password secret and confidential, and you must not share them with anyone else. We recommend that you choose a strong password and store it in a safe place. You are responsible for keeping your password safe and you agree that we shall bear no liability for any losses, damages, liabilities, or claims of any sort as a result of you providing your HUAWEI ID details to a third party.
If you think that someone else might be using your HUAWEI ID information, you must let us know immediately using the contact information below in this Agreement. You must not use anyone else's HUAWEI ID to access the Services. You must take appropriate steps to protect your HUAWEI ID account information and transaction information to prevent unauthorised use by third parties.
9. Terms of Use
By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with this Agreement.
You hereby acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity, that is dishonest, defamatory, tortious, harmful, obscene, infringing, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy, or otherwise objectionable in relation to your use of the Services, including without limitation, anything that facilitates illegal activities, depicts sexually explicit images, promotes violence, is discriminatory, illegal, or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable laws, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or third-party intellectual property rights.
Except as expressly set out in this Agreement or as permitted by applicable laws, you hereby agree and undertake:
(a) Not to remove any copyright, trademark, or other proprietary notices from any portion of the Services;
(b) Not to reproduce, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other apps or software;
(c) Not to gain or attempt to gain unauthorised access to or impair any aspect of the Services or their related systems or networks;
(d) Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, or attempt to do so beyond the extent allowed by applicable laws;
(e) Not to distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services;
(f) Not to provide or otherwise make available the Services in whole or in part (including the object and source code), in any form to any person without our prior written consent;
(g) Not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) Not to use the Services (or any part(s) thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, including without limitation, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services (or into the websites linked to the Services) or any operating system;
(i) Not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Services;
(j) Not to collect Service users' information, or otherwise access the Services or our systems, using automated means (for example, harvesting bots) or attempt to decipher any transmissions to or from the servers running the Services;
(k) Not to develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology or manual technique) to scrape the Services or otherwise copy profiles and other data from the Services;
(l) Not to commercially exploit the Services without our prior written consent;
(m) Not to use the Services to engage in any illegal business transactions, such as selling firearms, drugs, illegal substances, pirated software, or other prohibited items;
(n) Not to provide gambling information or encourage others to gamble through any means;
(o) Not to solicit login information or access an account belonging to someone else;
(p) Not to engage in money laundering, illegal cash advances, or pyramid selling schemes;
(q) Not to attempt, facilitate, or encourage any violations of this Agreement (or any part(s) thereof); and
(r) Not to use the Services in any manner which could damage, disable, overburden, impair, or compromise the Services, our systems or security, or interfere with other users or any other party's computer systems, or hack or gain unauthorised access to the Services or Our Content (defined below) or data.
(s) Do not do anything that may be deemed to constitute the aforementioned actions.
10. Use of Our Content
We and/or our licensors, retain all right, title, and interest in and to the information (in any form including without limitation text, graphics, video, and audio), images, icons, apps, designs, software, scripts, programmes, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, including their looks and feels (collectively, "Our Content"). You acknowledge that Our Content is protected by copyright, trademark, database rights, sui generis rights, and other applicable intellectual and industrial property laws under national laws and international treaties. Your access and/or use of any of the Services does not transfer to you or any other person any ownership or other rights in or to the Services or their contents, unless otherwise specified in this Agreement.
You may not make alterations, copies, extractions, modifications, or additions to Our Content, or sell, copy, disseminate or license it, or misuse Our Content in any way. If you want to re-publish, extract, reproduce, disseminate, or otherwise use any of Our Content, you must contact us in advance and obtain our prior written consent except if otherwise expressly provided in this Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.
If you believe that the Services or any part of the Services infringes any copyright, trademark, patent, trade secret, or other intellectual property right, or if you have other concerns regarding the Services, please notify us using the contact information provided below in this Agreement.
11. Your Content
We do not claim any proprietary rights to the text, files, images, photos, works of authorship, or any other materials which you upload, post, or otherwise transmit to or via the Services (collectively, "Your Content"). You continue to retain ownership and are entirely responsible for Your Content.
12. Monitoring of the Services
You acknowledge and agree that we may at any time, at our sole discretion and without notice to you, take such measures as we decide are necessary for the purposes of operating and improving the Services, ensuring your compliance with this Agreement, complying with applicable laws, court orders, or directions of any court, or complying with any directions or requirements of governmental departments, enforcement authorities, or regulatory bodies. These include but are not limited to measures for fraud prevention, risk assessment, investigation, and customer support purposes.
13. Privacy and Data Collection
In order to provide you with more robust services and help ensure the security of your transactions, we will collect and process your information and technical data in accordance with our privacy notice.
14. Disclaimer
The Services are for your sole use only and must not be used by any third party. You agree that we and our parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors, and distributors (collectively "Huawei Parties") are not liable for any losses caused by any unauthorised use of the Services.
The Huawei Parties are not responsible for maintenance or other support services for the Services. Your use of the Services may be interrupted, delayed, or disrupted for an unknown period of time for reasons that are beyond our control. The Huawei Parties will not be liable for any claim arising from or related to such interruption, delay, disruption, or similar failure.
To the maximum extent permitted by applicable laws in your jurisdiction, the Huawei Parties are not liable to you or to anyone else for any liability, loss, damages, or compensation if you are unable to access or use the Services due to:
(a) Any suspension or termination of the Services by us to enable maintenance work or updates to systems, software, or hardware to be carried out;
(b) Any delay or failure of a system or network communication that is owned or controlled by someone other than us;
(c) Any suspension, cancellation, or termination of any contract or other arrangements between us and any of our third-party payment service providers that affects the Services;
(d) Any errors or interruption due to hacking attempts or similar security breaches; or
(e) Any other event or occurrence beyond our reasonable control.
The Services are provided on an 'as-is' and 'as-available' basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable laws in your jurisdiction, the Huawei Parties disclaim all warranties, conditions, or other agreement of any kind express or implied, and make no guarantee, undertaking, representation, or warranty for the following:
(a) The completeness, accuracy, reliability, or timeliness of any of the content made available on or through the Services;
(b) The Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs, or other harmful content;
(c) Any defects in the operation or functionality of the Services will be corrected;
(d) The reliability, quality, or accuracy of specific functions of the Services, and any information obtained by you as a result of your use or access of the Services;
(e) The security or error-free nature of the Services; and
(f) The Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs, or achieve certain results or outcomes.
The Huawei Parties are not liable for any loss or damages to you caused in whole or in part by you relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access and/or use of the Services.
The laws of some countries do not allow liability in relation to certain warranties, undertakings, representations, or guarantees to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.
15. Limitation of Liability
To the maximum extent permitted by applicable laws in your jurisdiction, your access to and use of the Services is at your sole risk and the Huawei Parties expressly exclude all liability, loss, or damages incurred by you, or any other person, whether in contract, tort (including negligence), or under any other theory, for any of the following:
(a) Loss of profits, income, revenue, data, or goodwill; and
(b) Special, indirect, or consequential loss or damage.
The limitations and exclusions in this Agreement will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising.
If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to stop accessing and using the Services. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable laws in your jurisdiction, in no event will the Huawei Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence), or under any other theory exceed HKD 500.00. You acknowledge and agree the disclaimers and limitations of liability expressed in this Agreement are fair and reasonable.
The laws of some countries do not allow for some or all of the limitations and exclusions described above. If these laws apply to you, some or all of the above limitations may not apply to you and you may have additional rights. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.
16. Termination by You
You can terminate your account via your account settings or by ceasing to use this Service.
17. Termination and Suspension by Us
Subject to applicable laws, we may temporarily or permanently suspend, cancel, or impose limits on or restrict your access to parts or all of the Services at any time, without assuming liability for any individual or third party. We will endeavour to provide notice to you before we do this. However, we will not be obliged to provide prior notice to you, and we may immediately, permanently, or temporarily, impose limits on, cancel, suspend, or restrict your access to parts or all of the Services under the following circumstances, including but not limited to:
(a) If you violate, or if we believe you are about to violate, this Agreement, including any incorporated agreements, policies or guidelines;
(b) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides us with any false or misleading information;
(c) In response to requests by law enforcement or other government agencies under valid legal process;
(d) In case of urgent maintenance work or urgent updates to systems or hardware; or
(e) Due to unexpected technical, safety, business, or security reasons;
The deactivation or termination of this Agreement does not affect the provisions of this Agreement that are expressed to operate or have effect after the deactivation or termination thereof, and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such deactivation or termination.
Any provisions of this Agreement which expressly or by their nature are intended to survive the termination of the Agreement, shall remain in full force and effect subsequent to and notwithstanding such termination, until such provisions are satisfied or expire due to their natures.
18. Changes to this Agreement
We are constantly innovating, changing and improving the Services. We may add or remove functions or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service. We can make changes to this Agreement at any time and post additional specific terms, codes of conduct, or guidelines that govern a particular part, parts, or all of our Services.
We will inform you within a reasonable time period of any changes to the Services or this Agreement that will materially disadvantage our users or materially limit the access or usage of Services. We may not inform you in advance about modifications to this Agreement or changes to the Services that do not materially disadvantage our users or do not materially limit the access or usage of our Services. For changes to the Services that we need to make to meet security, safety, legal, or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you about these changes as soon as is practicable.
19. General Terms
The Services or third parties may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resources.
Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
We may assign, sub-contract, or novate any of our rights and/or obligations under this Agreement and you agree to promptly execute any and all documents necessary or desirable for such purpose.
If any provision (or part of a provision) of this Agreement is found by a court of competent jurisdiction or any other competent authority to be void, invalid, or unenforceable, it shall be deemed to be deleted from this Agreement and all other provisions of this Agreement shall remain in full force and effect to the extent that the remaining provisions are capable of standing without the provision ruled void, invalid, or unenforceable.
This Agreement constitutes the entire understanding between you and us concerning the Services and you acknowledge and agree that you have not relied on or been induced to enter into this Agreement in reliance on any representation, warranty, or undertaking which is not in this Agreement.
20. Governing Laws and Jurisdiction
The formation, interpretation, and operation of this Agreement and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong. Except as otherwise provided by applicable laws, you and we agree that the courts of Hong Kong have exclusive jurisdiction to hear and determine any disputes, claims, actions, or proceedings that may arise out of or in connection with this Agreement. However, this does not prevent us from instituting proceedings outside of Hong Kong.
21. Contacting Us
If you have any questions regarding this Agreement, please contact us using the following information:
Email: developer@huawei.com
Last updated: August 2019